43 U.S.C. § 1331 — Definitions

Page 321 TITLE 43—PUBLIC LANDS § 1331 1 See References in Text note below. 2 So in original. Probably should be ‘‘accordance’’. waters for the constitutional purposes of com- merce, navigation, national defense, and inter- national affairs, all of which shall be paramount to, but shall not be deemed to include, propri- etary rights of ownership, or the rights of man- agement, administration, leasing, use, and de- velopment of the lands and natural resources which are specifically recognized, confirmed, es- tablished, and vested in and assigned to the re- spective States and others by section 1311 of this title. (b) In time of war or when necessary for na- tional defense, and the Congress or the Presi- dent shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in ac- cordance with due process of law and paying just compensation therefor. (May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.) § 1315. Rights acquired under laws of United States unaffected Nothing contained in this subchapter or sub- chapter I shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this subchapter or subchapter I and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing contained in this sub- chapter or subchapter I is intended or shall be construed as a finding, interpretation, or con- struction by the Congress that the law under which such rights may be claimed in fact or in law applies to the lands subject to this sub- chapter or subchapter I, or authorizes or com- pels the granting of such rights in such lands, and that the determination of the applicability or effect of such law shall be unaffected by any- thing contained in this subchapter or subchapter I. (May 22, 1953, ch. 65, title II, § 8, 67 Stat. 32.) SUBCHAPTER III—OUTER CONTINENTAL SHELF LANDS § 1331. Definitions In this subchapter: (a) OUTER CONTINENTAL SHELF.—The term ‘‘outer Continental Shelf’’ means— (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 1301 of this title, and of which the subsoil and seabed appertain to the United States and are subject to its ju- risdiction and control or within the exclusive economic zone of the United States and adja- cent to any territory of the United States; and (2) does not include any area conveyed by Congress to a territorial government for ad- ministration; (b) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of En- ergy or the Federal Energy Regulatory Commis- sion by or pursuant to the Department of En- ergy Organization Act (42 U.S.C. 7101 et seq.), the term ‘‘Secretary’’ means the Secretary of Energy, or the Federal Energy Regulatory Com- mission, as the case may be. (c) LEASE.—The term ‘‘lease’’ means any form of authorization which is issued under section 1337 of this title or maintained under section 1335 of this title and which authorizes explo- ration for, and development and production of, minerals. (d) PERSON.—The term ‘‘person’’ includes, in addition to a natural person, an association, a State, a political subdivision of a State, or a pri- vate, public, or municipal corporation. (e) COASTAL ZONE.—The term ‘‘coastal zone’’ means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal States, and includes islands, transition and intertidal areas, salt marshes, wetlands, and beaches, which zone extends seaward to the outer limit of the United States territorial sea and extends inland from the shorelines to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and the inward boundaries of which may be identified by the several coastal States, pursuant to the authority of section 1454(b)(1) 1 of title 16. (f) AFFECTED STATE.—The term ‘‘affected State’’ means, with respect to any program, plan, lease sale, or other activity, proposed, con- ducted, or approved pursuant to the provisions of this subchapter, any State— (1) the laws of which are declared, pursuant to section 1333(a)(2) of this title, to be the law of the United States for the portion of the outer Continental Shelf on which such activ- ity is, or is proposed to be, conducted; (2) which is, or is proposed to be, directly connected by transportation facilities to any artificial island or structure referred to in sec- tion 1333(a)(1) of this title; (3) which is receiving, or in accordnace 2 with the proposed activity will receive, oil for proc- essing, refining, or transshipment which was extracted from the outer Continental Shelf and transported directly to such State by means of vessels or by a combination of means including vessels; (4) which is designated by the Secretary as a State in which there is a substantial prob- ability of significant impact on or damage to the coastal, marine, or human environment, or a State in which there will be significant changes in the social, governmental, or eco- nomic infrastructure, resulting from the ex- ploration, development, and production of oil and gas anywhere on the outer Continental Shelf; or (5) in which the Secretary finds that because of such activity there is, or will be, a signifi- cant risk of serious damage, due to factors such as prevailing winds and currents, to the marine or coastal environment in the event of any oilspill, blowout, or release of oil or gas Page 322 TITLE 43—PUBLIC LANDS § 1331 3 So in original. Probably should be ‘‘title.’’ 4 So in original. Another subsec. (r) is set out following subsec. (s). 5 So in original. Another subsec. (r) is set out following subsec. (q). from vessels, pipelines, or other transshipment facilities. (g) MARINE ENVIRONMENT.—The term ‘‘marine environment’’ means the physical, atmospheric, and biological components, conditions, and fac- tors which interactively determine the produc- tivity, state, condition, and quality of the ma- rine ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the outer Conti- nental Shelf. (h) COASTAL ENVIRONMENT.—The term ‘‘coastal environment’’ means the physical atmospheric, and biological components, conditions, and fac- tors which interactively determine the produc- tivity, state, condition, and quality of the ter- restrial ecosystem from the shoreline inward to the boundaries of the coastal zone. (i) HUMAN ENVIRONMENT.—The term ‘‘human environment’’ means the physical, social, and economic components, conditions, and factors which interactively determine the state, condi- tion, and quality of living conditions, employ- ment, and health of those affected, directly or indirectly, by activities occurring on the outer Continental Shelf. (j) GOVERNOR.—The term ‘‘Governor’’ means the Governor of a State, or the person or entity designated by, or pursuant to, State law to exer- cise the powers granted to such Governor pursu- ant to this subchapter. (k) EXPLORATION.—The term ‘‘exploration’’ means the process of searching for minerals, in- cluding (1) geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such minerals, and (2) any drilling, whether on or off known ge- ological structures, including the drilling of a well in which a discovery of oil or natural gas in paying quantities is made and the drilling of any additional delineation well after such dis- covery which is needed to delineate any res- ervoir and to enable the lessee to determine whether to proceed with development and pro- duction. (l) DEVELOPMENT.—The term ‘‘development’’ means those activities which take place fol- lowing discovery of minerals in paying quan- tities, including geophysical activity, drilling, platform construction, and operation of all on- shore support facilities, and which are for the purpose of ultimately producing the minerals discovered. (m) PRODUCTION.—The term ‘‘production’’ means those activities which take place after the successful completion of any means for the removal of minerals, including such removal, field operations, transfer of minerals to shore, operation monitoring, maintenance, and work- over drilling. (n) ANTITRUST LAW.—The term ‘‘antitrust law’’ means— (1) the Sherman Act (15 U.S.C. 1 et seq.); (2) the Clayton Act (15 U.S.C. 12 et seq.); (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); (4) the Wilson Tariff Act (15 U.S.C. 8 et seq.); or (5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21a). (o) FAIR MARKET VALUE.—The term ‘‘fair mar- ket value’’ means the value of any mineral (1) computed at a unit price equivalent to the aver- age unit price at which such mineral was sold pursuant to a lease during the period for which any royalty or net profit share is accrued or re- served to the United States pursuant to such lease, or (2) if there were no such sales, or if the Secretary finds that there were an insufficient number of such sales to equitably determine such value, computed at the average unit price at which such mineral was sold pursuant to other leases in the same region of the outer Con- tinental Shelf during such period, or (3) if there were no sales of such mineral from such region during such period, or if the Secretary finds that there are an insufficient number of such sales to equitably determine such value, at an appro- priate price determined by the Secretary. (p) MAJOR FEDERAL ACTION.—The term ‘‘major Federal action’’ means any action or proposal by the Secretary which is subject to the provi- sions of section 4332(2)(C) of title 42. (q) MINERALS.—The term ‘‘minerals’’ includes oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from ‘‘public lands’’ as defined in sec- tion 1702 of this title; and 3 (r) 4 CARBON DIOXIDE STREAM.— (1) IN GENERAL.—The term ‘‘carbon dioxide stream’’ means carbon dioxide that— (A) has been captured; and (B) consists overwhelmingly of— (i) carbon dioxide plus incidental associ- ated substances derived from the source material or capture process; and (ii) any substances added to the stream for the purpose of enabling or improving the injection process. (2) EXCLUSIONS.—The term ‘‘carbon dioxide stream’’ does not include additional waste or other matter added to the carbon dioxide stream for the purpose of disposal. (s) CARBON SEQUESTRATION.—The term ‘‘carbon sequestration’’ means the act of storing carbon dioxide that has been removed from the atmos- phere or captured through physical, chemical, or biological processes that can prevent the carbon dioxide from reaching the atmosphere. (r) 5 The term ‘‘State’’ means— (1) each of the several States; (2) the Commonwealth of Puerto Rico; (3) Guam; (4) American Samoa; (5) the United States Virgin Islands; and (6) the Commonwealth of the Northern Mar- iana Islands. (Aug. 7, 1953, ch. 345, § 2, 67 Stat. 462; Pub. L. 95–372, title II, § 201, Sept. 18, 1978, 92 Stat. 632; Pub. L. 117–58, div. D, title III, § 40307(a), Nov. 15, 2021, 135 Stat. 1002; Pub. L. 117–169, title V, § 50251(b)(1)(A), Aug. 16, 2022, 136 Stat. 2054.) Page 323 TITLE 43—PUBLIC LANDS § 1331 Editorial Notes REFERENCES IN TEXT The Department of Energy Organization Act, referred to in subsec. (b), is Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, which is classified principally to chapter 84 (§ 7101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of Title 42 and Tables. Section 1454(b) of title 16, referred to in subsec. (e), was amended generally by Pub. L. 101–508, title VI, § 6205, Nov. 5, 1990, 104 Stat. 1388–302, and, as so amend- ed, does not contain a par. (1). The Sherman Act, referred to in subsec. (n)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, which enacted sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. The Clayton Act, referred to in subsec. (n)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified gen- erally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act, referred to in subsec. (n)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classifica- tion of this Act to the Code, see section 58 of Title 15 and Tables. The Wilson Tariff Act, referred to in subsec. (n)(4), is act Aug. 27, 1894, ch. 349, §§ 73 to 77, 28 Stat. 570. Sec- tions 73 to 76 enacted sections 8 to 11 of Title 15. Sec- tion 77 is not classified to the Code. For complete clas- sification of this Act to the Code, see Short Title note set out under section 8 of Title 15 and Tables. Act of June 19, 1936, referred to in subsec. (n)(5), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Act, the Robinson-Patman Anti- discrimination Act, and the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15, Commerce and Trade, and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–169, § 50251(b)(1)(A)(i)(I), (III), substituted ‘‘means— ‘‘(1) all’’ for ‘‘means all’’ and added par. (2). Subsec. (a)(1). Pub. L. 117–169, § 50251(b)(1)(A)(i)(II), which directed substitution of ‘‘control or within the exclusive economic zone of the United States and adja- cent to any territory of the United States; and’’ for ‘‘control;’’, was executed by making the substitution for ‘‘control.’’ to reflect the probable intent of Congress and the intervening amendment by Pub. L. 117–58, § 40307(a)(3). Subsec. (p). Pub. L. 117–169, § 50251(b)(1)(A)(ii), which directed striking ‘‘and’’ after the semicolon at the end, could not be executed due to the intervening amend- ment by Pub. L. 117–58, § 40307(a)(3). See 2021 Amend- ment note below. Subsec. (q). Pub. L. 117–169, § 50251(b)(1)(A)(iii), sub- stituted ‘‘title; and’’ for ‘‘title.’’ Subsec. (r). Pub. L. 117–169, § 50251(b)(1)(A)(iv), added at end subsec. (r) defining ‘‘State’’. 2021—Pub. L. 117–58, § 40307(a)(1), substituted ‘‘In this subchapter:’’ for ‘‘When used in this subchapter—’’ in introductory provisions. Subsecs. (a) to (q). Pub. L. 117–58, § 40307(a)(2), (3), in- serted headings in subsecs. (a) to (q) comprised of the term defined in the subsec., substituted a period for semicolon at end of subsecs. (a) to (o) and a period for ‘‘; and’’ at end of subsec. (p). Subsecs. (r), (s). Pub. L. 117–58, § 40307(a)(4), added sub- sec. (r) defining ‘‘carbon dioxide stream’’ and subsec. (s). 1978—Subsec. (b). Pub. L. 95–372, § 201(a), inserted pro- vision that, with respect to functions under this sub- chapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organiza- tion Act, ‘‘Secretary’’ means the Secretary of Energy or the Federal Energy Regulatory Commission, as the case may be. Subsec. (c). Pub. L. 95–372, § 201(a), substituted ‘‘lease’’ for ‘‘mineral lease’’ as term defined and in defi- nition of that term substituted ‘‘any form of authoriza- tion which is issued under section 1337 of this title or maintained under section 1335 of this title and which authorizes exploration for, and development and pro- duction of, minerals;’’ for ‘‘any form of authorization for the exploration for, or development or removal of deposits of, oil, gas, or other minerals; and’’. Subsec. (d). Pub. L. 95–372, § 201(b)(1), substituted semicolon for period at end. Subsecs. (e) to (q). Pub. L. 95–372, § 201(b)(2), added subsecs. (e) to (q). Statutory Notes and Related Subsidiaries SHORT TITLE OF 1978 AMENDMENT For short title of Pub. L. 95–372 as the ‘‘Outer Conti- nental Shelf Lands Act Amendments of 1978’’, see sec- tion 1 of Pub. L. 95–372, set out as a Short Title note under section 1801 of this title. SHORT TITLE For short title of act Aug. 7, 1953, which enacted this subchapter, as the ‘‘Outer Continental Shelf Lands Act’’, see section 1 of act Aug. 7, 1953, set out as a note under section 1301 of this chapter. SEPARABILITY Act Aug. 7, 1953, ch. 345, § 17, 67 Stat. 471, provided that: ‘‘If any provision of this Act [enacting this sub- chapter], or any section, subsection, sentence, clause, phrase or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase or individual word to other persons and circumstances shall not be affected thereby.’’ TRANSFER OF FUNCTIONS Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fos- tering of competition for Federal leases, implementa- tion of alternative bidding systems authorized for award of Federal leases, establishment of diligence re- quirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for ac- quisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42, The Public Health and Wel- fare. Section 7152(b) of Title 42 was repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and func- tions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981. REGULATIONS Pub. L. 117–58, div. D, title III, § 40307(d), Nov. 15, 2021, 135 Stat. 1003, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary of the Interior shall promulgate regula- tions to carry out the amendments made by this sec- tion [amending this section and section 1337 of this title].’’ WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an Page 324 TITLE 43—PUBLIC LANDS § 1331 amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. GULF OF MEXICO ENERGY SECURITY Pub. L. 109–432, div. C, title I, Dec. 20, 2006, 120 Stat. 3000, as amended by Pub. L. 113–287, § 5(l)(2), Dec. 19, 2014, 128 Stat. 3270; Pub. L. 115–97, title II, § 20002, Dec. 22, 2017, 131 Stat. 2237, provided that: ‘‘SEC. 101. SHORT TITLE. ‘‘This title may be cited as the ‘Gulf of Mexico En- ergy Security Act of 2006’. ‘‘SEC. 102. DEFINITIONS. ‘‘In this title: ‘‘(1) 181 AREA.—The term ‘181 Area’ means the area identified in map 15, page 58, of the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 1997–2002, dated August 1996, of the Minerals Man- agement Service, available in the Office of the Direc- tor of the Minerals Management Service, excluding the area offered in OCS Lease Sale 181, held on De- cember 5, 2001. ‘‘(2) 181 SOUTH AREA.—The term ‘181 South Area’ means any area— ‘‘(A) located— ‘‘(i) south of the 181 Area; ‘‘(ii) west of the Military Mission Line; and ‘‘(iii) in the Central Planning Area; ‘‘(B) excluded from the Proposed Final Outer Con- tinental Shelf Oil and Gas Leasing Program for 1997–2002, dated August 1996, of the Minerals Man- agement Service; and ‘‘(C) included in the areas considered for oil and gas leasing, as identified in map 8, page 37 of the document entitled ‘Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 2007–2012’, dated February 2006. ‘‘(3) BONUS OR ROYALTY CREDIT.—The term ‘bonus or royalty credit’ means a legal instrument or other written documentation, or an entry in an account managed by the Secretary, that may be used in lieu of any other monetary payment for— ‘‘(A) a bonus bid for a lease on the outer Conti- nental Shelf; or ‘‘(B) a royalty due on oil or gas production from any lease located on the outer Continental Shelf. ‘‘(4) CENTRAL PLANNING AREA.—The term ‘Central Planning Area’ means the Central Gulf of Mexico Planning Area of the outer Continental Shelf, as des- ignated in the document entitled ‘Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 2007–2012’, dated February 2006. ‘‘(5) EASTERN PLANNING AREA.—The term ‘Eastern Planning Area’ means the Eastern Gulf of Mexico Planning Area of the outer Continental Shelf, as des- ignated in the document entitled ‘Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 2007–2012’, dated February 2006. ‘‘(6) 2002–2007 PLANNING AREA.—The term ‘2002–2007 planning area’ means any area— ‘‘(A) located in— ‘‘(i) the Eastern Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 2002–2007, dated April 2002, of the Minerals Management Service; ‘‘(ii) the Central Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 2002–2007, dated April 2002, of the Minerals Management Service; or ‘‘(iii) the Western Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 2002–2007, dated April 2002, of the Minerals Management Service; and ‘‘(B) not located in— ‘‘(i) an area in which no funds may be expended to conduct offshore preleasing, leasing, and re- lated activities under sections 104 through 106 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109–54; 119 Stat. 521) (as in effect on August 2, 2005); ‘‘(ii) an area withdrawn from leasing under the ‘Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition’, from 34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998; or ‘‘(iii) the 181 Area or 181 South Area. ‘‘(7) GULF PRODUCING STATE.—The term ‘Gulf pro- ducing State’ means each of the States of Alabama, Louisiana, Mississippi, and Texas. ‘‘(8) MILITARY MISSION LINE.—The term ‘Military Mission Line’ means the north-south line at 86°41′ W. longitude. ‘‘(9) QUALIFIED OUTER CONTINENTAL SHELF REVE- NUES.— ‘‘(A) IN GENERAL.—The term ‘qualified outer Con- tinental Shelf revenues’ means— ‘‘(i) in the case of each of fiscal years 2007 through 2016, all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this Act [Dec. 20, 2006] for— ‘‘(I) areas in the 181 Area located in the East- ern Planning Area; and ‘‘(II) the 181 South Area; and ‘‘(ii) in the case of fiscal year 2017 and each fis- cal year thereafter, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2016, from leases entered into on or after the date of enactment of this Act for— ‘‘(I) the 181 Area; ‘‘(II) the 181 South Area; and ‘‘(III) the 2002–2007 planning area. ‘‘(B) EXCLUSIONS.—The term ‘qualified outer Con- tinental Shelf revenues’ does not include— ‘‘(i) revenues from the forfeiture of a bond or other surety securing obligations other than roy- alties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or ‘‘(ii) revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)). ‘‘(10) COASTAL POLITICAL SUBDIVISION.—The term ‘coastal political subdivision’ means a political sub- division of a Gulf producing State any part of which political subdivision is— ‘‘(A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the Gulf producing State as of the date of enactment of this Act [Dec. 20, 2006]; and ‘‘(B) not more than 200 nautical miles from the geographic center of any leased tract. ‘‘(11) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘SEC. 103. OFFSHORE OIL AND GAS LEASING IN 181 AREA AND 181 SOUTH AREA OF GULF OF MEX- ICO. ‘‘(a) 181 AREA LEASE SALE.—Except as provided in section 104, the Secretary shall offer the 181 Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) as soon as prac- ticable, but not later than 1 year, after the date of en- actment of this Act [Dec. 20, 2006]. ‘‘(b) 181 SOUTH AREA LEASE SALE.—The Secretary shall offer the 181 South Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) as soon as practicable after the date of enactment of this Act [Dec. 20, 2006]. ‘‘(c) LEASING PROGRAM.—The 181 Area and 181 South Area shall be offered for lease under this section not- withstanding the omission of the 181 Area or the 181 South Area from any outer Continental Shelf leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344). ‘‘(d) CONFORMING AMENDMENT.—[Amended section 105 of Pub. L. 109–54, 119 Stat. 522.] Page 325 TITLE 43—PUBLIC LANDS § 1331 ‘‘SEC. 104. MORATORIUM ON OIL AND GAS LEASING IN CERTAIN AREAS OF GULF OF MEXICO. ‘‘(a) IN GENERAL.—Effective during the period begin- ning on the date of enactment of this Act [Dec. 20, 2006] and ending on June 30, 2022, the Secretary shall not offer for leasing, preleasing, or any related activity— ‘‘(1) any area east of the Military Mission Line in the Gulf of Mexico; ‘‘(2) any area in the Eastern Planning Area that is within 125 miles of the coastline of the State of Flor- ida; or ‘‘(3) any area in the Central Planning Area that is— ‘‘(A) within— ‘‘(i) the 181 Area; and ‘‘(ii) 100 miles of the coastline of the State of Florida; or ‘‘(B)(i) outside the 181 Area; ‘‘(ii) east of the western edge of the Pensacola Of- ficial Protraction Diagram (UTM X coordinate 1,393,920 (NAD 27 feet)); and ‘‘(iii) within 100 miles of the coastline of the State of Florida. ‘‘(b) MILITARY MISSION LINE.—Notwithstanding sub- section (a), the United States reserves the right to des- ignate by and through the Secretary of Defense, with the approval of the President, national defense areas on the outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)). ‘‘(c) EXCHANGE OF CERTAIN LEASES.— ‘‘(1) IN GENERAL.—The Secretary shall permit any person that, as of the date of enactment of this Act [Dec. 20, 2006], has entered into an oil or gas lease with the Secretary in any area described in para- graph (2) or (3) of subsection (a) to exchange the lease for a bonus or royalty credit that may only be used in the Gulf of Mexico. ‘‘(2) VALUATION OF EXISTING LEASE.—The amount of the bonus or royalty credit for a lease to be ex- changed shall be equal to— ‘‘(A) the amount of the bonus bid; and ‘‘(B) any rental paid for the lease as of the date the lessee notifies the Secretary of the decision to exchange the lease. ‘‘(3) REVENUE DISTRIBUTION.—No bonus or royalty credit may be used under this subsection in lieu of any payment due under, or to acquire any interest in, a lease subject to the revenue distribution provisions of section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)). ‘‘(4) REGULATIONS.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations that shall provide a process for— ‘‘(A) notification to the Secretary of a decision to exchange an eligible lease; ‘‘(B) issuance of bonus or royalty credits in ex- change for relinquishment of the existing lease; ‘‘(C) transfer of the bonus or royalty credit to any other person; and ‘‘(D) determining the proper allocation of bonus or royalty credits to each lease interest owner. ‘‘SEC. 105. DISPOSITION OF QUALIFIED OUTER CON- TINENTAL SHELF REVENUES FROM 181 AREA, 181 SOUTH AREA, AND 2002–2007 PLANNING AREAS OF GULF OF MEXICO. ‘‘(a) IN GENERAL.—Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of this section, for each applicable fiscal year, the Secretary of the Treasury shall deposit— ‘‘(1) 50 percent of qualified outer Continental Shelf revenues in the general fund of the Treasury; and ‘‘(2) 50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury from which the Secretary shall disburse— ‘‘(A) 75 percent to Gulf producing States in ac- cordance with subsection (b); and ‘‘(B) 25 percent to provide financial assistance to States in accordance with section 200305 of title 54, United States Code, which shall be considered in- come to the Land and Water Conservation Fund for purposes of section 200302 of that title. ‘‘(b) ALLOCATION AMONG GULF PRODUCING STATES AND COASTAL POLITICAL SUBDIVISIONS.— ‘‘(1) ALLOCATION AMONG GULF PRODUCING STATES FOR FISCAL YEARS 2007 THROUGH 2016.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), effective for each of fiscal years 2007 through 2016, the amount made available under subsection (a)(2)(A) shall be allocated to each Gulf producing State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. ‘‘(B) MINIMUM ALLOCATION.—The amount allo- cated to a Gulf producing State each fiscal year under subparagraph (A) shall be at least 10 percent of the amounts available under subsection (a)(2)(A). ‘‘(2) ALLOCATION AMONG GULF PRODUCING STATES FOR FISCAL YEAR 2017 AND THEREAFTER.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and (C), effective for fiscal year 2017 and each fiscal year thereafter— ‘‘(i) the amount made available under sub- section (a)(2)(A) from any lease entered into with- in the 181 Area or the 181 South Area shall be al- located to each Gulf producing State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and ‘‘(ii) the amount made available under sub- section (a)(2)(A) from any lease entered into with- in the 2002–2007 planning area shall be allocated to each Gulf producing State in amounts that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of each historical lease site and the geo- graphic center of the historical lease site, as de- termined by the Secretary. ‘‘(B) MINIMUM ALLOCATION.—The amount allo- cated to a Gulf producing State each fiscal year under subparagraph (A) shall be at least 10 percent of the amounts available under subsection (a)(2)(A). ‘‘(C) HISTORICAL LEASE SITES.— ‘‘(i) IN GENERAL.—Subject to clause (ii), for pur- poses of subparagraph (A)(ii), the historical lease sites in the 2002–2007 planning area shall include all leases entered into by the Secretary for an area in the Gulf of Mexico during the period be- ginning on October 1, 1982 (or an earlier date if practicable, as determined by the Secretary), and ending on December 31, 2015. ‘‘(ii) ADJUSTMENT.—Effective January 1, 2022, and every 5 years thereafter, the ending date de- scribed in clause (i) shall be extended for an addi- tional 5 calendar years. ‘‘(3) PAYMENTS TO COASTAL POLITICAL SUBDIVI- SIONS.— ‘‘(A) IN GENERAL.—The Secretary shall pay 20 per- cent of the allocable share of each Gulf producing State, as determined under paragraphs (1) and (2), to the coastal political subdivisions of the Gulf pro- ducing State. ‘‘(B) ALLOCATION.—The amount paid by the Sec- retary to coastal political subdivisions shall be al- located to each coastal political subdivision in ac- cordance with subparagraphs (B), (C), and (E) of section 31(b)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)(4)). ‘‘(c) TIMING.—The amounts required to be deposited under paragraph (2) of subsection (a) for the applicable Page 326 TITLE 43—PUBLIC LANDS § 1331 fiscal year shall be made available in accordance with that paragraph during the fiscal year immediately fol- lowing the applicable fiscal year. ‘‘(d) AUTHORIZED USES.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), each Gulf producing State and coastal political subdivi- sion shall use all amounts received under subsection (b) in accordance with all applicable Federal and State laws, only for 1 or more of the following pur- poses: ‘‘(A) Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastruc- ture directly affected by coastal wetland losses. ‘‘(B) Mitigation of damage to fish, wildlife, or natural resources. ‘‘(C) Implementation of a federally-approved ma- rine, coastal, or comprehensive conservation man- agement plan. ‘‘(D) Mitigation of the impact of outer Conti- nental Shelf activities through the funding of on- shore infrastructure projects. ‘‘(E) Planning assistance and the administrative costs of complying with this section. ‘‘(2) LIMITATION.—Not more than 3 percent of amounts received by a Gulf producing State or coast- al political subdivision under subsection (b) may be used for the purposes described in paragraph (1)(E). ‘‘(e) ADMINISTRATION.—Amounts made available under subsection (a)(2) shall— ‘‘(1) be made available, without further appropria- tion, in accordance with this section; ‘‘(2) remain available until expended; and ‘‘(3) be in addition to any amounts appropriated under— ‘‘(A) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); ‘‘(B) chapter 2003 of title 54, United States Code; or ‘‘(C) any other provision of law. ‘‘(f) LIMITATIONS ON AMOUNT OF DISTRIBUTED QUALI- FIED OUTER CONTINENTAL SHELF REVENUES.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the total amount of qualified outer Continental Shelf revenues made available under subsection (a)(2) shall not exceed— ‘‘(A) $500,000,000 for each of fiscal years 2016 through 2019; ‘‘(B) $650,000,000 for each of fiscal years 2020 and 2021; and ‘‘(C) $500,000,000 for each of fiscal years 2022 through 2055. ‘‘(2) EXPENDITURES.—For the purpose of paragraph (1), for each of fiscal years 2016 through 2055, expendi- tures under subsection (a)(2) shall be net of receipts from that fiscal year from any area in the 181 Area in the Eastern Planning Area and the 181 South Area. ‘‘(3) PRO RATA REDUCTIONS.—If paragraph (1) limits the amount of qualified outer Continental Shelf rev- enue that would be paid under subparagraphs (A) and (B) of subsection (a)(2)— ‘‘(A) the Secretary shall reduce the amount of qualified outer Continental Shelf revenue provided to each recipient on a pro rata basis; and ‘‘(B) any remainder of the qualified outer Conti- nental Shelf revenues shall revert to the general fund of the Treasury.’’ [Pub. L. 113–287, § 5(l)(2)(A)(i), Dec. 19, 2014, 128 Stat. 3270, which directed substitution of ‘‘section 200305 of title 54, United States Code’’ for ‘‘section 6 of the Land And Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8)’’ in subsec. (a)(2)(B) of section 105 of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109–432, div. C, title I), set out above, was executed by making the substitution for ‘‘section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8)’’ to re- flect the probable intent of Congress.] [The Minerals Management Service was abolished and functions divided among the Office of Natural Re- sources Revenue, the Bureau of Ocean Energy Manage- ment, and the Bureau of Safety and Environmental En- forcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chap- ters II, V, and XII of title 30, Code of Federal Regula- tions, as revised by final rules of the Department of the Interior at 75 F.R. 61051 and 76 F.R. 64432.] Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. 995, provided in part: ‘‘That for fiscal year 2012 and each fiscal year thereafter, the term ‘qualified Outer Conti- nental Shelf revenues’, as defined in section 102(9)(A) of the Gulf of Mexico Energy Security Act [of 2006], [title I of] division C of Public Law 109–432 [set out above], shall include only the portion of rental revenues that would have been collected by the Secretary at the rent- al rates in effect before August 5, 1993.’’ Similar provisions were contained in the following appropriation act: Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. 994. NAVAL PETROLEUM RESERVE Act Aug. 7, 1953, ch. 345, § 13, 67 Stat. 470, revoked Ex. Ord. No. 10426, Jan. 16, 1953, 18 F.R. 405, which had set aside certain submerged lands as a naval petroleum re- serve and had transferred functions with respect there- to from the Secretary of the Interior to the Secretary of the Navy. AUTHORIZATION OF APPROPRIATIONS Act Aug. 7, 1953, ch. 345, § 16, 67 Stat. 471, provided that: ‘‘There is hereby authorized to be appropriated such sums as may be necessary to carry out the provi- sions of this Act [enacting this subchapter].’’ Executive Documents PROC. NO. 5928. TERRITORIAL SEA OF UNITED STATES Proc. No. 5928, Dec. 27, 1988, 54 F.R. 777, provided: International law recognizes that coastal nations may exercise sovereignty and jurisdiction over their territorial seas. The territorial sea of the United States is a maritime zone extending beyond the land territory and internal waters of the United States over which the United States exercises sovereignty and jurisdiction, a sov- ereignty and jurisdiction that extend to the airspace over the territorial sea, as well as to its bed and sub- soil. Extension of the territorial sea by the United States to the limits permitted by international law will ad- vance the national security and other significant inter- ests of the United States. NOW, THEREFORE, I, RONALD REAGAN, by the au- thority vested in me as President by the Constitution of the United States of America, and in accordance with international law, do hereby proclaim the exten- sion of the territorial sea of the United States of Amer- ica, the Commonwealth of Puerto Rico, Guam, Amer- ican Samoa, the United States Virgin Islands, the Com- monwealth of the Northern Mariana Islands, and any other territory or possession over which the United States exercises sovereignty. The territorial sea of the United States henceforth extends to 12 nautical miles from the baselines of the United States determined in accordance with inter- national law. In accordance with international law, as reflected in the applicable provisions of the 1982 United Nations Convention on the Law of the Sea, within the terri- torial sea of the United States, the ships of all coun- tries enjoy the right of innocent passage and the ships and aircraft of all countries enjoy the right of transit passage through international straits. Nothing in this Proclamation: (a) extends or otherwise alters existing Federal or State law or any jurisdiction, rights, legal interests, or obligations derived therefrom; or (b) impairs the determination, in accordance with international law, of any maritime boundary of the United States with a foreign jurisdiction. Page 327 TITLE 43—PUBLIC LANDS § 1332 1 So in original. The period probably should be a semicolon. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of December, in the year of our Lord nineteen hundred and eighty-eight, and of the Inde- pendence of the United States of America the two hun- dred and thirteenth. RONALD REAGAN. PROC. NO. 7219. CONTIGUOUS ZONE OF THE UNITED STATES Proc. No. 7219, Sept. 2, 1999, 64 F.R. 48701, 49844, pro- vided: International law recognizes that coastal nations may establish zones contiguous to their territorial seas, known as contiguous zones. The contiguous zone of the United States is a zone contiguous to the territorial sea of the United States, in which the United States may exercise the control necessary to prevent infringement of its customs, fis- cal, immigration, or sanitary laws and regulations within its territory or territorial sea, and to punish in- fringement of the above laws and regulations com- mitted within its territory or territorial sea. Extension of the contiguous zone of the United States to the limits permitted by international law will ad- vance the law enforcement and public health interests of the United States. Moreover, this extension is an im- portant step in preventing the removal of cultural her- itage found within 24 nautical miles of the baseline. NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority vested in me as President by the Constitu- tion of the United States, and in accordance with inter- national law, do hereby proclaim the extension of the contiguous zone of the United States of America, in- cluding the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession over which the United States exercises sovereignty, as follows: The contiguous zone of the United States extends to 24 nautical miles from the baselines of the United States determined in accordance with international law, but in no case within the territorial sea of another nation. In accordance with international law, reflected in the applicable provisions of the 1982 Convention on the Law of the Sea, within the contiguous zone of the United States the ships and aircraft of all countries enjoy the high seas freedoms of navigation and overflight and the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to those freedoms, such as those associated with the operation of ships, aircraft, and submarine cables and pipelines, and compatible with the other provisions of inter- national law reflected in the 1982 Convention on the Law of the Sea. Nothing in this proclamation: (a) amends existing Federal or State law; (b) amends or otherwise alters the rights and duties of the United States or other nations in the Exclusive Economic Zone of the United States established by Proclamation 5030 of March 10, 1983 [16 U.S.C. 1453 note]; or (c) impairs the determination, in accordance with international law, of any maritime boundary of the United States with a foreign jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this second day of September, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-fourth. WILLIAM J. CLINTON. EXECUTIVE ORDER NO. 13795 Ex. Ord. No. 13795, Apr. 28, 2017, 82 F.R. 20815, which related to an America-first offshore energy strategy and encouraged energy exploration and production, in- cluding on the Outer Continental Shelf, was revoked by Ex. Ord. No. 13990, § 7(a), Jan. 20, 2021, 86 F.R. 7041, set out in a note under section 4321 of Title 42, The Public Health and Welfare. § 1332. Congressional declaration of policy It is hereby declared to be the policy of the United States that— (1) the subsoil and seabed of the outer Conti- nental Shelf appertain to the United States and are subject to its jurisdiction, control, and power of disposition as provided in this sub- chapter; (2) this subchapter shall be construed in such a manner that the character of the waters above the outer Continental Shelf as high seas and the right to navigation and fishing therein shall not be affected; (3) the outer Continental Shelf is a vital na- tional resource reserve held by the Federal Government for the public, which should be made available for expeditious and orderly de- velopment, subject to environmental safe- guards, in a manner which is consistent with the maintenance of competition and other na- tional needs; (4) since exploration, development, and pro- duction of the minerals of the outer Conti- nental Shelf will have significant impacts on coastal and non-coastal areas of the coastal States, and on other affected States, and, in recognition of the national interest in the ef- fective management of the marine, coastal, and human environments— (A) such States and their affected local governments may require assistance in pro- tecting their coastal zones and other af- fected areas from any temporary or perma- nent adverse effects of such impacts; (B) the distribution of a portion of the re- ceipts from the leasing of mineral resources of the outer Continental Shelf adjacent to State lands, as provided under section 1337(g) of this title, will provide affected coastal States and localities with funds which may be used for the mitigation of adverse eco- nomic and environmental effects related to the development of such resources; and (C) such States, and through such States, affected local governments, are entitled to an opportunity to participate, to the extent consistent with the national interest, in the policy and planning decisions made by the Federal Government relating to exploration for, and development and production of, minerals of the outer Continental Shelf.1 (5) the rights and responsibilities of all States and, where appropriate, local govern- ments, to preserve and protect their marine, human, and coastal environments through such means as regulation of land, air, and water uses, of safety, and of related develop- ment and activity should be considered and recognized; and (6) operations in the outer Continental Shelf should be conducted in a safe manner by well- trained personnel using technology, pre- cautions, and techniques sufficient to prevent or minimize the likelihood of blowouts, loss of well control, fires, spillages, physical obstruc- tion to other users of the waters or subsoil and seabed, or other occurrences which may cause damage to the environment or to property, or endanger life or health.